Causes and effects related to the denial of Lebanese
women to confer their nationality to their children
Contrary to what is stated in the Lebanese constitution, which
guarantees equal rights for citizens, women and men, the Lebanese
laws are unfair to women and deny their right to pass on their
Lebanese nationality to their children, thereby enshrining the
principle of discrimination against women and gender inequality.
Not only does the law deny this right to women, but it prevents
them from exercising their citizenship as Lebanese on the territory
of their homeland. Once married to a non-Lebanese man, her files
are quickly attributed to her husband, thus preventing her husband
and children from exercising any of the basic rights enshrined in the
Universal Declaration of Human Rights.
One of the main arguments behind the refusal to allow Lebanese
women to confer their nationality to their children is the rejection
of permanent settlement (Tawteen) of Palestinians in Lebanon.
The granting of Lebanese nationality to persons born to a Lebanese
mother married to a Palestinian is often used as a cover for
permanent settlement.
Public discourse on the rights of women to transfer their nationality
witnessed a critical turning point in late 2012-2013. At the meeting
of 21 March 2013, the Council of Ministers established a ministerial
committee to examine the possibility of amending the last paragraph
of Article 4 of Decision 15 of 19 January 1925 (Nationality Law) and
submit its report with proposals to the Council of Ministers.57 It is
evident from the report prepared by this committee on 14 December
2012 that its primary concern is limited to measuring the effects of
abolishing discrimination, not only from the standpoint of permanent
settlement of Palestinians but primarily from the point of view of
the demographic balance between sects, which could destabilize
the balances governing power-sharing in Lebanon with the possible
consequence of a breach of the civil peace. In light of its figures,
the Committee concluded that Lebanon was not ready for any
amendment in this regard, whether with or without any exception,
suggesting that some privileges be granted only to those born to
Lebanese mothers. At its meeting on 17 January 2013, the Council of
Ministers fully endorsed this Committee’s recommendations.58
Depriving a Lebanese woman, married to a foreigner of her right to
pass on her nationality to her children, has negative repercussions
on her life and her family, especially her children. Hereunder are the
most prominent of these effects and consequences as follows:
Legal residency
The Ministry of Interior and Municipalities issued Decree 4186 of
2010 granting spouses and children of Lebanese women the right
to free “courtesy” residency permits, valid for either one or three
years, depending on the validity of the passport. This Decree is a
positive step, but there are several observations on it:
•
14
This residency is indeed provided free of charge. However,
it is often costly or complicated to prepare the necessary
documents, especially if the marriage has not been duly
registered or challenging to obtain some of the required
documents to present them in a “courtesy” residency permit
application.
•
Can be reversed at any time by a parallel decision.
•
Renewal is required every three years, and each time all the
documents needed for a courtesy residency permit must be
re-produced.
•
The Lebanese Public Security Directorate is granted
discretionary powers to accept or reject the application based
on its investigations.
In addition, in the case of domestic violence, and in the event of
failure to register the children of a Lebanese mother married to a
foreigner, or inability to have official and proper documentation
that prove her marriage, the mother will find it difficult or even
impossible to obtain a courtesy residency for her children.
Right to work
The children and spouses of Lebanese women need a valid work
permit to work legally in Lebanon. In 2011, the Minister of Labour
issued Decision No. 122/1, which exempted foreigners who were
married to or born to Lebanese women or Lebanese men or those
whose parents obtained Lebanese citizenship but were still under 18
years of age from work permit fees and specific documents. They
were also exempted from being restricted to occupations reserved
for Lebanese.59 However, these decisions can be annulled by a
parallel decision, and nothing in the course of this study confirms
that this decision is still in force.
The Ministry of Labour restricted jobs, professions, occupations
and trades to Lebanese citizens only. It is at the discretion of the
Minister of Labour to exclude certain foreigners from the provisions
of this Decision if they fulfil one of the conditions stipulated in
Article 8 of Decree 17561 of 18 September 1964, including “who is of
Lebanese origin or born to a Lebanese mother”.
On 26 June 2019, Parliament approved the exemption of children of
Lebanese mothers married to non-Lebanese and residency holders.
However, this law was rejected by the President of the Republic,
General Michel Aoun, for compelling reasons, stating that paragraph
“c” of the Constitution stipulates that Lebanon is a republic based
on equal rights and duties among all citizens and that equal rights
among all citizens assume equality among children of Lebanese
women so that the right to work and its permission cannot be linked
to the acquisition of courtesy residencies, which are essentially
under the authority of discretionary administration. He added that
the current law addresses part of the problem of the rights of
Lebanese children, which requires a comprehensive treatment that
is still subject to various approaches, particularly in the Parliament
and its competent committees.
It must be noted that some unions place additional restrictions
on eligibility that are almost impossible for children of Lebanese